2024 (6) TMI 882

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.... out of appeals before it against the order dated 17.09.2021 passed u/s 154 of the Income Tax Act, 1961 (hereinafter referred as 'the Act') by the ACIT, Circle-7(1), New Delhi (hereinafter referred as the Ld. AO) for the two assessment years under consideration. As issues are common, for avoiding cost of repetition, the two appeals are decided together and the facts of AY 2007-08 are considered for discussion. The findings shall apply mutatis mutandis to appeal for AY 2008-09. 2. The assessee has raised the following grounds in AY 2007-08;- 1. The CIT-A has erred both in facts and in law in dismissing the appeal of assessee by holding that re-determination of interest u/s 244A on Refund is outside the scope of sec 154 as it invo....

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....en credited to assessee's account in the year 2021 without interest. The assessee also filed a CPGRAM in this respect earlier, which was disposed off by the AO with the remarks that there are different reasons for blockage of refund like bank account mismatch, bank name mismatch, PAN mismatch etc. Assessee had claimed that there was no such mismatch ever happened in assessee's case as refund was never credited to assessee prior to 2021. This is clear from NSDL summary attached with this grievance. Further, no refund cheque was ever sent by SBI banker this is also clear from NSDL summary which shows refund cheques sent also in reference section of refund status. Further, assessee has never received any refund cheque from department p....

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.... the forgoing, whilst keeping the question of law stated herein above open for determination in an appropriate proceeding, the present writ petition is disposed off since the principle relief seeking income tax refund has been satisfied, whilst preserving the liberty to the petitioner to take appropriate steps, if any, in accordance with the law. No further directions are called for". From the above finding of the Hon'ble jurisdictional High Court, it is clear that the issue was raised before the Hon'ble Court however, no direction was given by Hon'ble Court to allow interest from the date of determination of refund and upto the date of credit of refund in the bank account of the assessee. The refund determined has alre....